State of Wisconsin Wis. Statutes s.16.75 DOA-3070 (R08/2003) BIDS MUST BE SEALED AND ADDRESSED TO: AGENCY ADDRESS: University of Wisconsin Milwaukee Purchasing Office Mail to: Deliver to: PO Box 777 Engelmann Hall Room 180 Milwaukee WI 53201 2033 E Hartford Ave Milwaukee WI 53211 REQUEST FOR BID C2-13-O Remove from bidder list for this commodity/service. (Return this page only.) Bid envelope must be sealed and plainly marked in lower corner with due date and Request for Bid #. Late bids will be rejected. Bids MUST be date and time stamped by the soliciting purchasing office on or before the date and time that the bid is due. Bids dated and time stamped in another office will be rejected. Receipt of a bid by the mail system does not constitute receipt of a bid by the purchasing office. Any bid which is inadvertently opened as a result of not being properly and clearly marked is subject to rejection. Bids must be submitted separately, i.e., not included with sample packages or other bids. Bid openings are public unless otherwise specified. Records will be available for public inspection after issuance of the notice of intent to award or the award of the contract. Bidder should contact person named below for an appointment to view the bid record. Bids shall be firm for acceptance for sixty (60) days from date of bid opening, unless otherwise noted. The attached terms and conditions apply to any subsequent award. Bids MUST be in this office no later than THIS IS NOT AN ORDER BIDDER (Name and Address) 2pm CDT, May 31, 2012 Name (Contact for further information) Date Catherine Greenwood 5/17/12 Phone Fax Email 414-229-7162/4301 414-906-8406 [email protected] Quote Price and Delivery FOB Destination X Fax bids are accepted Item No. Quantity and Unit Fax bids are not accepted Price Per Unit Total Description To furnish, assemble and deliver a Vollrath Pizza and Ice Cream Station per specifications sheet to match with pre-existing equipment. Payment Terms Delivery Time We claim minority bidder preference [Wis. Stats. s. 16.75(3m)]. Under Wisconsin Statutes, a 5% preference may be granted to CERTIFIED Minority Business Enterprises. Bidder must be certified by the Wisconsin Department of Commerce. If you have questions concerning the certification process, contact the Wisconsin Department of Commerce, 5th Floor, 201 W. Washington Ave., Madison, Wisconsin 53702, (608) 267-9550. Does Not Apply to Printing Bids. We are a work center certified under Wis. Stats. s. 16.752 employing persons with severe disabilities. Questions concerning the certification process should be addressed to the Work Center Program, State Bureau of Procurement, 6th Floor, 101 E. Wilson St., Madison, Wisconsin 53702, (608) 266-2605. Wis. Stats. s. 16.754 directs the state to purchase materials which are manufactured to the greatest extent in the United States when all other factors are substantially equal. Materials covered in our bid were manufactured in whole or in substantial part within the United States, or the majority of the component parts thereof were manufactured in whole or in substantial part in the United States. Yes No Unknown In signing this bid we also certify that we have not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action in restraint of free competition; that no attempt has been made to induce any other person or firm to submit or not to submit a bid; that this bid has been independently arrived at without collusion with any other bidder, competitor or potential competitor; that this bid has not been knowingly disclosed prior to the opening of bids to any other bidder or competitor; that the above statement is accurate under penalty of perjury. We will comply with all terms, conditions and specifications required by the state in this Request for Bid and all terms of our bid. Name of Authorized Company Representative (Type or Print) Title Date E-Mail Address: Phone ( Fax ( ) ) Internet (Web) Address: This form can be made available in accessible formats upon request to qualified individuals with disabilities. Signature of Above University of Wisconsin Milwaukee Request for Bid #C2-13-O Special Conditions of Bid DELIVERY Delivery of this Vollrath Pizza and Ice Cream Station is desired on or before July, 31, 2012. Please state if this date can be met. ____________________ Time is of the essence. Delivery is highly desired by date referenced above, but if this date cannot be met please state the earliest possible delivery date that can be achieved. ____________ F.O.B. This equipment is to be delivered to Cambridge Café, 2323 N. Cambridge Avenue, Milwaukee Wisconsin at the University of Wisconsin-Milwaukee, be set in place and assembled in an area as designated by University personnel, be in operating condition (floor checked at site), with all debris to be removed by vendor, and with operating instructions, operating manuals and maintenance manuals given to University personnel. Bid prices are to include all packing, transportation, set-up, instructional and manual charges. SITE VISIT A site visit is encourage but not mandatory. If you would like to arrange for a site visit please contact Brian Vetter, (414) 229-6307. METHOD OF BID Authorized Vollrath dealers shall submit a total net bid price for the item specified per the Specifications Section. Bidders should also state earliest delivery date possible. METHOD OF AWARD Award shall be made on the basis of the lowest unit price for the item specified, which is judged to be in the best interest of the University of Wisconsin--Milwaukee. Lead time may also be a factor when making the award. Any bidder that is not an authorized Vollrath dealer will not receive further consideration in the bidding process. ELIGIBLE PURCHASERS Other UW Campuses and State of Wisconsin Agencies may desire to issue purchases against the results of this bid. Bidders are to state where indicated on the bid whether they will agree to sell to these campuses and agencies in accordance with this bid. Do you agree to sell to other state campuses and agencies in accordance with this bid? _________ MINORITY BUSINESS PARTICIPATION The Contractor will be encouraged to purchase services and supplies from minority businesses certified by the Wisconsin Department of Development, Bureau of Minority Business Development. The contractor may obtain additional information from the Director of the MBE program (608-267-7806). INSURANCE Please see Section 23 in the Standard Terms and Conditions for more detail on insurance requirements. University of Wisconsin Milwaukee Request for Bid #C2-13-O Special Conditions of Bid PRODUCT INFORMATION Procurement policy prohibits us from listing brand names and model or part numbers in our specifications unless absolutely necessary or totally impractical to do otherwise. Because this product must be an exact match to pre-existing equipment it was found to be impractical to withhold brand name and part number information within the Specifications Section. We encourage bidders to contact the individuals listed in the bid document for further information if necessary. ADDITIONAL INFORMATION Please contact Catherine Greenwood, Bid Manager, Telephone (414) 229-7162, if you have any questions regarding this bid. Technical questions regarding equipment should be directed to Brian Vetter, Telephone (414) 229-6307. VENDORNET The State of Wisconsin’s purchasing information and vendor notification service is available to all businesses and organizations that want to sell to the state. Anyone may access VendorNet on the Internet at http://vendornet.state.wi.us to get information on state purchasing practices and policies, goods and services that the state buys, and tips on selling to the state. Vendors may use the same Web site address for inclusion on the bidders list for goods and services that the organization wants to sell to the state. A subscription with notification guarantees the organization will receive an e-mail message each time a state agency, including any campus of the University of Wisconsin System, posts a request for bid or a request for proposal in their designated commodity/service area(s) with an estimated value over $25,000. Organizations without Internet access receive paper copies in the mail. Increasingly, state agencies also are using VendorNet to post simplified bids valued at $25,000 or less. Vendors also may receive email notices of these simplified bid opportunities. The subscription to VendorNet is not a fee to do business with the State of Wisconsin. University of Wisconsin Milwaukee Request for Bid #C2-13-O Specifications GENERAL NOTES: * Crating and freight included. * Equipment to be supplied, assembled and put in place by an AUTHORIZED Vollrath dealer. * Vollrath AUTHORIZED dealer to receive, uncrate, install (bolt units together, level, and install canopy), clean units, and remove & dispose of all packaging materials. * Vollrath AUTHORIZED dealer to provide start-up training on a date determined by UW Milwaukee. * All plumbing (including materials) to be completed on site by plumbing contractor or UW Milwaukee. * Electrical connections (including materials) to be completed on site by electrical contractor or UW Milwaukee. DESCRIPTION 126” Pizza & Ice Cream Station All Aluminum Composite Material (ACM) Construction Hinged Toe Kick on Customer Side (NO TOE KICK ON WALL SIDE) Two Separate Bases Bolted Together & Leveled On Site by Others Indoor Cart Base with Heavy Duty Adjustable Leveling Legs Standard Black ABS Flooring 1" Boston Bumper (Standard Colors Only) Laminated Base (One Color, Customer Sides Only, Wall Side & Attaching Sides Remain Black) Heavy Duty Paddle Latch ACM Door Three Separate Corian Countertops with Visible Seam at Cabinet Break Points & One Recessed End Two Separate Corian Tray Slides Brass Smith #Z9930 (WITH TOP GLASS) Brass Smith #Z9930 (MODIFIED WITH NO TOP GLASS) Aluminum Frame Bulkhead with Perforated ACM Canopy Installation Of Single Bulkhead Required On Site by Others Custom Painted Perforated Canopy (Underside Pre-Painted) (2) Frosted Glass Pendant Lighting Installed in Bulkhead (2) Hatco Hanging Heat Lamps (#DL-775-CN) Adjustable Powder-Coated Support Posts (Black, White, Silver or Red) 20 Amp Electric Cord and Plug, NEMA #5-20P Equipment Installation in Countertop (1) Vollrath #36456 Single Pan NSF7 Refrigerated Drop In (1) Hatco #GRSBF-36-I Drop In Heated Shelf University of Wisconsin Milwaukee Request for Bid #C2-13-O Specifications Standard Terms And Conditions (Request For Bids / Proposals) Wisconsin Department of Administration Chs. 16, 19, 51 Wis. Stats. DOA-3054 (R10/2005, with UW Milwaukee Revisions dated 10/8/2007) 1.0 2.0 3.0 4.0 part of a bid/proposal as deemed to be in the best interests of the State of Wisconsin. SPECIFICATIONS: The specifications in this request are the minimum acceptable. When specific manufacturer and model numbers are used, they are to establish a design, type of construction, quality, functional capability and/or performance level desired. When alternates are bid/proposed, they must be identified by manufacturer, stock number, and such other information necessary to establish equivalency. The State of Wisconsin shall be the sole judge of equivalency. Bidders/proposers are cautioned to avoid bidding alternates to the specifications which may result in rejection of their bid/proposal. DEVIATIONS AND EXCEPTIONS: Deviations and exceptions from original text, terms, conditions, or specifications shall be described fully, on the bidder's/proposer's letterhead, signed, and attached to the request. In the absence of such statement, the bid/proposal shall be accepted as in strict compliance with all terms, conditions, and specifications and the bidders/proposers shall be held liable. Bids/proposals MUST be date and time stamped by the soliciting purchasing office on or before the date and time that the bid/proposal is due. Bids/proposals date and time stamped in another office will be rejected. Receipt of a bid/proposal by the mail system does not constitute receipt of a bid/proposal by the purchasing office. 9.0 METHOD OF AWARD: Award shall be made to the lowest responsible, responsive bidder unless otherwise specified. 10.0 ORDERING: Purchase orders or releases via purchasing cards shall be placed directly to the contractor by an authorized agency. No other purchase orders are authorized. 11.0 PAYMENT TERMS AND INVOICING: The State of Wisconsin normally will pay properly submitted vendor invoices within thirty (30) days of receipt providing goods and/or services have been delivered, installed (if required), and accepted as specified. QUALITY: Unless otherwise indicated in the request, all material shall be first quality. Items which are used, demonstrators, obsolete, seconds, or which have been discontinued are unacceptable without prior written approval by the State of Wisconsin. Invoices presented for payment must be submitted in accordance with instructions contained on the purchase order including reference to purchase order number and submittal to the correct address for processing. QUANTITIES: The quantities shown on this request are based on estimated needs. The state reserves the right to increase or decrease quantities to meet actual needs. 5.0 DELIVERY: Deliveries shall be F.O.B. destination freight prepaid and included unless otherwise specified. 6.0 PRICING AND DISCOUNT: The State of Wisconsin qualifies for governmental discounts and its educational institutions also qualify for educational discounts. Unit prices shall reflect these discounts. 6.1 Unit prices shown on the bid/proposal or contract shall be the price per unit of sale (e.g., gal., cs., doz., ea.) as stated on the request or contract. For any given item, the quantity multiplied by the unit price shall establish the extended price, the unit price shall govern in the bid/proposal evaluation and contract administration. 6.2 Prices established in continuing agreements and term contracts may be lowered due to general market conditions, but prices shall not be subject to increase for ninety (90) calendar days from the date of award. Any increase proposed shall be submitted to the contracting agency thirty (30) calendar days before the proposed effective date of the price increase, and shall be limited to fully documented cost increases to the contractor which are demonstrated to be industrywide. The conditions under which price increases may be granted shall be expressed in bid/proposal documents and contracts or agreements. 6.3 In determination of award, discounts for early payment will only be considered when all other conditions are equal and when payment terms allow at least fifteen (15) days, providing the discount terms are deemed favorable. All payment terms must allow the option of net thirty (30). 7.0 UNFAIR SALES ACT: Prices quoted to the State of Wisconsin are not governed by the Unfair Sales Act. 8.0 ACCEPTANCE-REJECTION: The State of Wisconsin reserves the right to accept or reject any or all bids/proposals, to waive any technicality in any bid/proposal submitted, and to accept any A good faith dispute creates an exception to prompt payment. 12.0 TAXES: The State of Wisconsin and its agencies are exempt from payment of all federal tax and Wisconsin state and local taxes on its purchases except Wisconsin excise taxes as described below. The State of Wisconsin, including all its agencies, is required to pay the Wisconsin excise or occupation tax on its purchase of beer, liquor, wine, cigarettes, tobacco products, motor vehicle fuel and general aviation fuel. However, it is exempt from payment of Wisconsin sales or use tax on its purchases. The State of Wisconsin may be subject to other states' taxes on its purchases in that state depending on the laws of that state. Contractors performing construction activities are required to pay state use tax on the cost of materials. 13.0 GUARANTEED DELIVERY: Failure of the contractor to adhere to delivery schedules as specified or to promptly replace rejected materials shall render the contractor liable for all costs in excess of the contract price when alternate procurement is necessary. Excess costs shall include the administrative costs. 14.0 ENTIRE AGREEMENT: These Standard Terms and Conditions shall apply to any contract or order awarded as a result of this request except where special requirements are stated elsewhere in the request; in such cases, the special requirements shall apply. Further, the written contract and/or order with referenced parts and attachments shall constitute the entire agreement and no other terms and conditions in any document, acceptance, or acknowledgment shall be effective or binding unless expressly agreed to in writing by the contracting authority. 15.0 APPLICABLE LAW AND COMPLIANCE: This contract shall be governed under the laws of the State of Wisconsin. The contractor shall at all times comply with and observe all federal and state laws, local laws, ordinances, and regulations which are in effect during the period of this contract and which in any manner affect the work or its conduct. The State of Wisconsin reserves the right to cancel this contract if the contractor fails to follow the requirements of s. 77.66, Wis. Stats., and related statutes regarding certification for collection of sales and use tax. The State of Wisconsin also reserves the right to cancel this Page 1 of 3 Pages Standard Terms And Conditions (Request For Bids / Proposals) Wisconsin Department of Administration Chs. 16, 19, 51 Wis. Stats. DOA-3054 (R10/2005, with UW Milwaukee Revisions dated 10/8/2007) contract with any federally debarred contractor or a contractor that is presently identified on the list of parties excluded from federal procurement and non-procurement contracts. 16.0 ANTITRUST ASSIGNMENT: The contractor and the State of Wisconsin recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact usually borne by the State of Wisconsin (purchaser). Therefore, the contractor hereby assigns to the State of Wisconsin any and all claims for such overcharges as to goods, materials or services purchased in connection with this contract. 17.0 ASSIGNMENT: No right or duty in whole or in part of the contractor under this contract may be assigned or delegated without the prior written consent of the State of Wisconsin. 18.0 WORK CENTER CRITERIA: A work center must be certified under s. 16.752, Wis. Stats., and must ensure that when engaged in the production of materials, supplies or equipment or the performance of contractual services, not less than seventyfive percent (75%) of the total hours of direct labor are performed by severely handicapped individuals. 19.0 NONDISCRIMINATION / AFFIRMATIVE ACTION: In connection with the performance of work under this contract, the contractor agrees not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability as defined in s. 51.01(5), Wis. Stats., sexual orientation as defined in s. 111.32(13m), Wis. Stats., or national origin. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Except with respect to sexual orientation, the contractor further agrees to take affirmative action to ensure equal employment opportunities. 19.1 20.0 articles, and agrees that it will pay all costs, damages, and profits recoverable in any such suit. 21.0 SAFETY REQUIREMENTS: All materials, equipment, and supplies provided to the State of Wisconsin must comply fully with all safety requirements as set forth by the Wisconsin Administrative Code and all applicable OSHA Standards. 22.0 WARRANTY: Unless otherwise specifically stated by the bidder/proposer, equipment purchased as a result of this request shall be warranted against defects by the bidder/proposer for one (1) year from date of receipt. The equipment manufacturer's standard warranty shall apply as a minimum and must be honored by the contractor. 23.0 INSURANCE RESPONSIBILITY: The contractor performing services for the University shall provide the University a Certificate of Insurance with the required coverage and limits of insurance issued by an insurance company that has an AM Best Rating of A-, is licensed to do business in the State of Wisconsin, and signed by an authorized agent. The contractor shall: Contracts estimated to be over twenty-five thousand dollars ($25,000) require the submission of a written affirmative action plan by the contractor. An exemption occurs from this requirement if the contractor has a workforce of less than twenty-five (25) employees. Within fifteen (15) working days after the contract is awarded, the contractor must submit the plan to the contracting state agency for approval. Instructions on preparing the plan and technical assistance regarding this clause are available from the contracting state agency. 19.2 The contractor agrees to post in conspicuous places, available for employees and applicants for employment, a notice to be provided by the contracting state agency that sets forth the provisions of the State of Wisconsin's nondiscrimination law. 19.3 Failure to comply with the conditions of this clause may result in the contractor's becoming declared an "ineligible" contractor, termination of the contract, or withholding of payment. PATENT INFRINGEMENT: The contractor selling to the State of Wisconsin the articles described herein guarantees the articles were manufactured or produced in accordance with applicable federal labor laws. Further, that the sale or use of the articles described herein will not infringe any United States patent. The contractor covenants that it will at its own expense defend every suit which shall be brought against the State of Wisconsin (provided that such contractor is promptly notified of such suit, and all papers therein are delivered to it) for any alleged infringement of any patent by reason of the sale or use of such 24.0 23.1 Maintain worker's compensation insurance as required by Wisconsin Statutes, for all employees engaged in the work. 23.2 Maintain commercial liability, bodily injury and property damage insurance against any claim(s) which might occur in carrying out this agreement/contract. Minimum coverage shall be one million dollars ($1,000,000) liability for bodily injury and property damage including products liability and completed operations. Provide motor vehicle insurance for all owned, non-owned and hired vehicles that are used in carrying out this contract. Minimum coverage shall be one million dollars ($1,000,000) per occurrence combined single limit for automobile liability and property damage. 23.3 The University reserves the right to require higher or lower limits where warranted. 23.4 The contractor shall add the "Board of Regents of the University of Wisconsin System, its officers, employees, and agents" as an additional insured under the commercial general liability policy. 23.5 All policies of insurance shall contain a covenant requiring sixty (60) days written notice by the insurer and sent to the University Risk Manager, before cancellation, reduction or other modifications of coverage. The insurance certificate shall be for the initial contract period and shall be renewed by the contractor for each subsequent renewal period of the contract. 23.6 In the event of non-renewal, cancellation, or expiration, the contractor shall provide the University evidence of the new source(s) of required insurance within twenty-one (21) calendar days after the University's receipt of the sixty (60) day notice. Failure to maintain the required insurance in force may be cause for contract termination. 23.7 In the event that the contractor fails to maintain and keep in force the insurance herein required, the University shall have the right to cancel and terminate the contract without notice. CANCELLATION: The State of Wisconsin reserves the right to cancel any contract in whole or in part without penalty due to nonappropriation of funds or for failure of the contractor to comply with terms, conditions, and specifications of this contract. Page 2 of 3 Pages Standard Terms And Conditions (Request For Bids / Proposals) Wisconsin Department of Administration Chs. 16, 19, 51 Wis. Stats. DOA-3054 (R10/2005, with UW Milwaukee Revisions dated 10/8/2007) 25.0 VENDOR TAX DELINQUENCY: Vendors who have a delinquent Wisconsin tax liability may have their payments offset by the State of Wisconsin. 26.0 PUBLIC RECORDS ACCESS: It is the intention of the state to maintain an open and public process in the solicitation, submission, review, and approval of procurement activities. Bid/proposal openings are public unless otherwise specified. Records may not be available for public inspection prior to issuance of the notice of intent to award or the award of the contract. 27.0 28.0 PROPRIETARY INFORMATION: Any restrictions on the use of data contained within a request, must be clearly stated in the bid/proposal itself. Proprietary information submitted in response to a request will be handled in accordance with applicable State of Wisconsin procurement regulations and the Wisconsin public records law. Proprietary restrictions normally are not accepted. However, when accepted, it is the vendor's responsibility to defend the determination in the event of an appeal or litigation. 27.1 Data contained in a bid/proposal, all documentation provided therein, and innovations developed as a result of the contracted commodities or services cannot be copyrighted or patented. All data, documentation, and innovations become the property of the State of Wisconsin. 27.2 Any material submitted by the vendor in response to this request that the vendor considers confidential and proprietary information and which qualifies as a trade secret, as provided in s. 19.36(5), Wis. Stats., or material which can be kept confidential under the Wisconsin public records law, must be identified on a Designation of Confidential and Proprietary Information form (DOA-3027). Bidders/proposers may request the form if it is not part of the Request for Bid/Request for Proposal package. Bid/proposal prices cannot be held confidential. DISCLOSURE: If a state public official (s. 19.42, Wis. Stats.), a member of a state public official's immediate family, or any organization in which a state public official or a member of the official's immediate family owns or controls a ten percent (10%) interest, is a party to this agreement, and if this agreement involves payment of more than three thousand dollars ($3,000) within a twelve (12) month period, this contract is voidable by the state unless appropriate disclosure is made according to s. 19.45(6), Wis. Stats., before signing the contract. Disclosure must be made to the State of Wisconsin Ethics Board, 44 East Mifflin Street, Suite 601, Madison, Wisconsin 53703 (Telephone 608-266-8123). State classified and former employees and certain University of Wisconsin faculty/staff are subject to separate disclosure requirements, s. 16.417, Wis. Stats. 29.0 RECYCLED MATERIALS: The State of Wisconsin is required to purchase products incorporating recycled materials whenever technically and economically feasible. Bidders are encouraged to bid products with recycled content which meet specifications. 30.0 MATERIAL SAFETY DATA SHEET: If any item(s) on an order(s) resulting from this award(s) is a hazardous chemical, as defined under 29CFR 1910.1200, provide one (1) copy of a Material Safety Data Sheet for each item with the shipped container(s) and one (1) copy with the invoice(s). 31.0 PROMOTIONAL ADVERTISING / NEWS RELEASES: Reference to or use of the State of Wisconsin, any of its departments, agencies or other subunits, or any state official or employee for commercial promotion is prohibited. News releases pertaining to this procurement shall not be made without prior approval of the State of Wisconsin. Release of broadcast emails pertaining to this procurement shall not be made without prior written authorization of the contracting agency. 32.0 HOLD HARMLESS: The contractor will indemnify and save harmless the State of Wisconsin and all of its officers, agents and employees from all suits, actions, or claims of any character brought for or on account of any injuries or damages received by any persons or property resulting from the operations of the contractor, or of any of its contractors, in prosecuting work under this agreement. 33.0 FOREIGN CORPORATION: A foreign corporation (any corporation other than a Wisconsin corporation) which becomes a party to this Agreement is required to conform to all the requirements of Chapter 180, Wis. Stats., relating to a foreign corporation and must possess a certificate of authority from the Wisconsin Department of Financial Institutions, unless the corporation is transacting business in interstate commerce or is otherwise exempt from the requirement of obtaining a certificate of authority. Any foreign corporation which desires to apply for a certificate of authority should contact the Department of Financial Institutions, Division of Corporation, P. O. Box 7846, Madison, WI 53707-7846; telephone (608) 261-7577. 34.0 WORK CENTER PROGRAM: The successful bidder/proposer shall agree to implement processes that allow the State agencies, including the University of Wisconsin System, to satisfy the State's obligation to purchase goods and services produced by work centers certified under the State Use Law, s.16.752, Wis. Stat. This shall result in requiring the successful bidder/proposer to include products provided by work centers in its catalog for State agencies and campuses or to block the sale of comparable items to State agencies and campuses. 35.0 FORCE MAJEURE: Neither party shall be in default by reason of any failure in performance of this Agreement in accordance with reasonable control and without fault or negligence on their part. Such causes may include, but are not restricted to, acts of nature or the public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes and unusually severe weather, but in every case the failure to perform such must be beyond the reasonable control and without the fault or negligence of the party. 36.0 RELEASE OF INFORMATION: Contractor shall not report or release information concerning UWM or its students, employees or customers to third parties without UWM's prior written approval. Any such report or release of information shall, at a minimum, comply with those requirements enumerated in the Gramm-Leach-Bliley Act, 15 USC 6801 et seq., UWM's standards for safeguarding such information, and all other applicable laws regarding consumer privacy Page 3 of 3 Pages STATE OF WISCONSIN DOA-3027 N(R01/98) DESIGNATION OF CONFIDENTIAL AND PROPRIETARY INFORMATION The attached material submitted in response to Bid/Proposal #C2-13-O includes proprietary and confidential information which qualifies as a trade secret, as provided in s. 19.36(5), Wis. Stats., or is otherwise material that can be kept confidential under the Wisconsin Open Records Law. As such, we ask that certain pages, as indicated below, of this bid/proposal response be treated as confidential material and not be released without our written approval. Prices always become public information when bids/proposals are opened, and therefore cannot be kept confidential. Other information cannot be kept confidential unless it is a trade secret. Trade secret is defined in s. 134.90(1)(c), Wis. Stats. as follows: "Trade secret" means information, including a formula, pattern, compilation, program, device, method, technique or process to which all of the following apply: 1. The information derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use. 2. The information is the subject of efforts to maintain its secrecy that are reasonable under the circumstances. We request that the following pages not be released Section Page # Topic __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ IN THE EVENT THE DESIGNATION OF CONFIDENTIALITY OF THIS INFORMATION IS CHALLENGED, THE UNDERSIGNED HEREBY AGREES TO PROVIDE LEGAL COUNSEL OR OTHER NECESSARY ASSISTANCE TO DEFEND THE DESIGNATION OF CONFIDENTIALITY AND AGREES TO HOLD THE STATE HARMLESS FOR ANY COSTS OR DAMAGES ARISING OUT OF THE STATE'S AGREEING TO WITHHOLD THE MATERIALS. Failure to include this form in the bid/proposal response may mean that all information provided as part of the bid/proposal response will be open to examination and copying. The state considers other markings of confidential in the bid/proposal document to be insufficient. The undersigned agrees to hold the state harmless for any damages arising out of the release of any materials unless they are specifically identified above. Company Name ___________________________________________ Authorized Representative ___________________________________________ Signature Authorized Representative ___________________________________________ Type or Print Date ___________________________________________ This document can be made available in accessible formats to qualified individuals with disabilities. Page 1 of 3 Pages STATE OF WISCONSIN Bid / Proposal # DOA-3477 (R05/98) Commodity / Service VENDOR INFORMATION 1. BIDDING / PROPOSING COMPANY NAME FEIN Phone ( ) Toll Free Phone FAX ( ) E-Mail Address ( ) Address City 2. State Zip + 4 Name the person to contact for questions concerning this bid / proposal. Name Title Phone ( ) Toll Free Phone FAX ( ) E-Mail Address ( ) Address City 3. State Zip + 4 Any vendor awarded over $25,000 on this contract must submit affirmative action information to the department. Please name the Personnel / Human Resource and Development or other person responsible for affirmative action in the company to contact about this plan. Name Title Phone ( ) Toll Free Phone FAX ( ) E-Mail Address ( ) Address City 4. State Zip + 4 Mailing address to which state purchase orders are mailed and person the department may contact concerning orders and billings. Name Title Phone ( ) Toll Free Phone FAX ( ) E-Mail Address ( ) Address City 5. State Zip + 4 CEO / President Name This document can be made available in accessible formats to qualified individuals with disabilities STATE OF WISCONSIN Bid/Proposal # DOA-3478 (R12/96) VENDOR REFERENCE FOR VENDOR: Provide company name, address, contact person, telephone number, fax number, e-mail address and appropriate information on the product(s) and/or service(s) used for four (4) or more installations with requirements similar to those included in this solicitation document. If vendor is proposing any arrangement involving a third party, the named references should also be involved in a similar arrangement. Company Name Address (include Zip + 4) Contact Person Phone No. E-Mail Address Fax No. Product(s) and/or Service(s) Used Company Name Address (include Zip + 4) Contact Person Phone No. E-Mail Address Fax No. Product(s) and/or Service(s) Used Company Name Address (include Zip + 4) Contact Person Phone No. E-Mail Address Fax No. Product(s) and/or Service(s) Used Company Name Address (include Zip + 4) Contact Person Phone No. E-Mail Address Fax No. Product(s) and/or Service(s) Used This document can be made available in accessible formats to qualified individuals with disabilities.
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